Criminal Law 101: What Is Malicious Prosecution?

Let’s say an individual was charged and prosecuted for a crime he allegedly committed. In reality, however, there wasn’t any reasonable way that the defendant could have committed that crime.

In the event that the prosecutor knew that the defendant could have committed the alleged crime but then went ahead and prosecuted the defendant, the defendant might have a claim for malicious prosecution.

This is where your criminal defense lawyer will educate you and inform you on the proper approaches you should do. If you have zero knowledge on how the court system works, getting an excellent lawyer beside you would be the best decision.

What If You Were Found Guilty?

If you were found guilty of the alleged crime, whether originally or through an appeal, there’s a chance that you could sue for malicious prosecution against the prosecutor. In your argument, you could say that:

• There wasn’t any probable cause to find you guilty of the crime.
• You were prosecuted but weren’t found guilty of the crime you allegedly committed.
• The prosecution was aware that you couldn’t have possibly committed the crime but still prosecuted you with the intent of proving your alleged guilt.
• In certain jurisdictions, you might need to provide proof that you’ve sustained injuries aside from typical distress that comes with being criminally prosecuted.

Probable Cause Is Key

Probable cause basically means that any reasonable individual, given the facts and evidence of a case, would think that there’s a reasonable and provable possibility that a defendant committed a crime.

This means that if you’re planning on filing a malicious prosecution lawsuit against a prosecutor, you need to show evidence that the prosecution didn’t have reasonable proof to show that you really committed a crime. For this, you need to work with an experienced criminal defense lawyer in Everett to build your case.

With that said, below are common malicious prosecution examples:

• Not questioning crucial witnesses
• Not disclosing or falsifying evidence
• Ignoring vital facts that any reputable lawyer wouldn’t ignore

The Difference Between Attorney Malpractice and Malicious Prosecution

Malicious prosecution could be deemed a form of attorney malpractice. Attorney malpractice involves the attorney of a client making a critical error that resulted in injury or harm to the client, and one that any reasonable attorney wouldn’t have otherwise made.

On the other hand, malicious prosecution happens when the attorney or prosecutor from the other side engages in malpractice, leading to a lawsuit that shouldn’t have been filed in the first place.

Certain Factors That Might Prevent You from Filing a Malicious Prosecution Lawsuit

Bring lawsuits against prosecutors could be a tricky task since they are given immunity as states advocates. However, the immunity of prosecutors is restricted to their role as government attorneys.

So technically, they can’t be sued when they charge someone with a crime since that’s their job. But they can be sued for engaging in reckless acts without regarding the consequences for other individuals.

If you believe that you have a claim of malicious prosecution, consult a local defense lawyer in your area who has experience with malicious prosecution and related claims. Your lawyer will inform you of your legal rights, what you should do next, and help you build a strong case against the prosecutor who has wronged you.

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